BI affirms Patricia Fox’s leave order; missionary nun to appeal

FILE: The Bureau of Immigration (BI) turned down the appeal of Australian nun Patricia Fox and affirmed its order to cast the missionary nun out of the Philippines for her alleged involvement in political activities. (Photo by Roy Lagarde/CBCP News)

The Bureau of Immigration (BI) turned down the appeal of Australian nun Patricia Fox and affirmed its order to cast the missionary nun out of the Philippines for her alleged involvement in political activities.

In a three-page order signed May 17 but was only released on Wednesday, May 23, the BI Board of Commissioners denied with finality the motion for reconsideration filed by Fox, which sought for a reversal of the BI’s April 23 order that forfeited her missionary visa and directed her to exit the country within 30 days.

“This order is final and executory. We will not entertain any further motion for reconsideration,” BI Commissioner Jamie Morente said in a statement.

In its order, the BI dismissed Fox’s claim that the bureau forfeited her visa “without due process” and the allegations that she engaged in such political activities were not supported by solid evidence.

The BI said the 71-year-old nun “acted beyond allowed activities under her visa by working outside of Barangay Amihan in Quezon City,” the place that she declared in her visa where she will render her missionary work.

“The order likewise stressed that the strict rules on evidence do not apply to immigration cases which are administrative proceedings requiring only the lowest quantum of evidence,” the BI explained.

BI Spokesperson Dana Sandoval, however, clarified that Fox, who has helped farmers and peasants in the country for years, could still return to the Philippines as a tourist because she is not yet included in the immigration blacklist.

Sandoval said the deportation complaint against Fox is still pending, and that it is a separate case from the visa forfeiture.

Fox’s legal counsel, Robert Pahilga, said in a statement that their camp would file another appeal on the order before the Department of Justice (DOJ).

“Under the Bureau of Immigration Omnibus Rules of Procedure of 2015, the BI Order cancelling one’s visa becomes effective 15 days after receipt of such Order, and is tolled by the filing of a Motion for Reconsideration and by the subsequent filing of an appeal.

Thus, it should not be considered immediately executory as the Bureau of Immigration claims,” the statement read.

“At any rate, while the Order stated that it is final and executory, Sister Pat is not precluded from filing an appeal to the Secretary of the Department of Justice,” it added.

Fox’s camp maintained that she did not engage in any political activity, but only in gatherings or assemblies of farmers and indigenous peoples (IPs) simply “to help promote and protect the rights of the poor and needy.

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“They are consistent and in accordance with the mission and the charism of the Sister of our Lady of Sion to promote peace, social justice, and human rights,” the camp stressed.

They said that Fox expects that the BI “would also follow the rule of law and their own procedure, and will not arrest or forcibly deport her, to give her the opportunity to appeal” as she has the right to be accorded due process as well as equal protection of the law.

“For the said order, if not challenge, will have far-reaching implications to other foreigners sojourning in the Philippines, especially those engaged in missionary or solidarity works with the poor, the oppressed and the marginalized,” Fox’s camp stressed.

The Catholic Bishops’ Conference of the Philippines (CBCP) earlier appealed to the Immigration bureau to reconsider its order against Fox to leave the country.

“Without entering into the merits of both parties in the case, this is for the proper authorities to decide. But this we say: We believe in the sincerity and dedication of Sr. Patricia to serve our people. We believe further that she is moved to serve our people by the love of Christ,” Davao Archbishop Romulo Valles, CBCP president, said in a statement on April 27.